Federal Judge Allows Anti-Trump Group to Keep Flying ‘86 47’ Flag Near National Mall
A federal judge has ruled that an anti-Trump protest organization can continue displaying a flag reading “86 47” during demonstrations in Washington, D.C., rejecting the government’s argument that the slogan constitutes a threat against President Donald Trump.
U.S. District Judge Randolph Moss issued a temporary restraining order preventing the National Park Service from revoking the group’s permit over the flag. The dispute arose after Accountability NOW USA displayed the banner while protesting near the National Mall and calling for Trump’s impeachment.
Federal officials argued that “86 47” could be interpreted as a threat toward Trump, the nation’s 47th president. Moss disagreed, writing that a reasonable observer would view the message as political advocacy rather than a true threat of violence. He emphasized the protest context, the absence of violent imagery, and the group’s stated goal of removing Trump from office through political means.
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The judge also cited common dictionary definitions of “86” that mean “to get rid of” or “throw out,” noting that evidence supporting a violent interpretation was lacking in this case.
The ruling arrives amid broader legal controversy surrounding the phrase and how it should be interpreted under federal law. While the decision does not establish a nationwide precedent, it represents an early judicial assessment that context matters when determining whether political speech crosses the line into a prosecutable threat.
For protesters and civil liberties advocates, the immediate consequence is clear. The group can continue displaying the flag while the underlying legal challenge proceeds through federal court.
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